Zoning Certification Letter ~ 300 Orchard City Dr (optimized) CITY OF CAMPBELL Community Development Department
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAX (408) 866-5140 • E-MAIL planning@cityofcampbell.com
June 11, 2019
Water Tower Fee Owner, LLC, its successors and assigns First American Title Insurance Company c/o Four Corners Properties
339 S. San Antonio Road, Suite 2B
Los Altos, CA 94022
Re: File No: PLN2017-113 Address: 300 Orchard City Drive
APN: 412-07-048
Application: Zoning Certification Letter
Planned Development (P-D) with a Central
Commercial General Plan land use designation
X
X
X
primarily; the entire Municipal Code (i.e. trees, fencing) applies.
P-D
C-PD & P-D
N/A - Railroad PF/OS & C-PD
X PLN2016-73
See attached plans and Resolution No. 12035
Res. No. 12035
X 21.12.030
Also see ‘Approved Furniture’.
Zoning Certification Letter ~ 300 Orchard City Drive Page 2 of 3
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAX (408) 866-5140 • E-MAIL planning@cityofcampbell.com
X
X
Allowable uses in the P-D Zoning District are stipulated by CMC 21.12.030.D. – Allowable uses in
the P-D zoning district; a change of use or new use generally requires approval of an Administrative
Planned Development Permit (or a Conditional Use Permit for alcohol service).
The structure may be rebuilt per the approved plans (See Resolution No. 12035)
except as may be limited by CMC 21.58.050.E. Reconstruction after damage or
destruction.
See Res. No. 12035. There are no known parking compliance issues with the zoning code or conditions
of approval. Attached for reference is the City’s Estoppel Certificate dated March 8, 2019.
X
Zoning Certification Letter ~ 300 Orchard City Drive Page 3 of 3
70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • FAX (408) 866-5140 • E-MAIL planning@cityofcampbell.com
encl: Attachment 1 - City Council Res. No. 12035
Attachment 2 - PLN2016-73 Approved Plans Attachment 3 - Approved Furniture Attachment 4 - 21.12.030 Planned Development Zoning Attachment 5 - City’s Estoppel Certificate dated March 8, 2019
cc: Paul Kermoyan, Community Development Director
(408) 866-2142 N/A
Stephen Rose
Associate Planner
Planning Division
stephenr@cityofcampbell.com
X
X
Further there are no known parking compliance issues; see City’s Estoppel Certificate dated March 8, 2019.
21.12.030 - P-D (Planned Development) zoning district.
A. Purpose. The P-D zoning district is intended to provide a degree of flexibility that is not available in
other zoning districts so as to allow developments that are more consistent with site characteristics while creating an optimum quantity and use of open space and good design. The zoning district
allows within its boundaries a use or development, or a combination of uses or types of uses or types of developments that is (are) determined to be in conformance with the underlying land use
designation of the General Plan. It is not the intent of the P-D zoning district to allow more residential units than would normally be allowed by other residential zoning districts which are deemed
consistent with the General Plan.
B. General Plan. The P-D zoning district is consistent with the underlying land use designation of the
General Plan.
C. San Tomas area. San Tomas area neighborhood plan policies are incorporated herein by reference.
The San Tomas neighborhood area plan policies shall only apply to properties within the boundaries of the San Tomas area. The map outlining the boundaries of the San Tomas area is maintained at
the community development department. In the case of conflict between the San Tomas area neighborhood plan policies and requirements contained in this chapter, the policies of the San
Tomas area neighborhood plan shall prevail.
D. Allowable uses in the P-D zoning district. Any use or development that is determined to be
consistent with the General Plan of the city may be approved in the planned development zoning district, subject to the criteria established in subsection (G)(6) of this section. Development plans
shall be approved either through an administrative planned development permit, in compliance with subsection (G)(1) of this section, or by City Council resolution or ordinance, in compliance with
subsection (G)(9) of this section. In order to aid the City Council in adoption of a resolution or ordinance, the planning commission shall also hold a public hearing and shall transmit its findings
and recommendations by resolution to the City Council. Establishment of a liquor establishments or a liquor store shall require approval of a conditional use permit pursuant to the requirements of
Chapter 21.46, (Conditional Use Permits).
E. Design guidelines. In its review of development projects, the decision-making body shall take into
consideration any relevant design guidelines that have been adopted by the city.
F. Prohibited uses in the P-D (Planned Development) zoning district. The following uses are prohibited:
1. Any business that includes smoking tobacco on site (e.g., smoking lounges, hookah lounges, etc.).
2. Payday lender.
3. Massage Establishments.
4. Any use inconsistent with state or federal law.
G. Establishing the P-D zoning district.
1. Unless initiated by the city, an application for a zone change to a P-D zoning district for a specific parcel or area shall include a development plan.
2. The city may initiate a zone change to a P-D zoning district for a specific parcel or area, without providing a development plan, when the purpose of the zone change is determined to serve the
best interests of the city.
H. Permit required. Unless otherwise specified in this chapter, no use or structure shall be constructed,
created, enlarged, erected, established, installed, maintained, or placed within a P-D zoning district unless and until a planned development permit or an administrative planned development permit has
been approved. An administrative planned development permit shall be processed through the administrative decision process as prescribed in Chapter 21.71, (Administrative Decision Process).
An application for an administrative planned development permit shall be filed with the community development department in compliance with Chapter 21.38, (Application Filing, Processing and
Fees). The application shall be accompanied by a detailed and a fully dimensioned site plan, floor plan and elevations and any other data/materials identified in the community development
department application for an administrative planned development permit. All applications shall be accompanied by a filing fee in compliance with the City Council's fee resolution. It is the
responsibility of the applicant to establish the findings required by this section. The decision by the community development director may be appealed as prescribed in Chapter 21.62, (Appeals).
1. Administrative planned development permit required. An administrative planned development permit approved by the community development director shall be required for the following:
a. The establishment of a new use in an existing building when no development plans are required (excluding the establishment of a liquor establishment or liquor store that requires
the approval of a conditional use permit);
b. A new single-family home or an addition to a single-family home on an existing lot with only
one single-family residence on the lot;
c. Additions, remodels and facade improvements to commercial and industrial buildings. In
the case of an addition, the addition shall be less than ten percent of the existing gross floor area or five thousand square feet, whichever is less.
d. New and existing late-night activities pursuant to Section 21.58.040(B)(3) (Nonconforming uses).
2. Planned development permit required. A planned development permit reviewed by the planning commission and approved by the City Council shall be required for all projects that are not
covered by the approval of an administrative planned development permit, as provided above.
3. Modification of a planned development permit.
a. Minor modification. The community development director may approve a minor modification to a previously approved planned development permit when the
change/modification does not add additional building square footage or substantially alter the design or specifications approved by the site plan. The community development
director may request that a minor modification be reviewed by the planning commission.
b. Major modification. A modification to a planned development permit that proposes to add
additional square footage or substantially alter the design or specifications approved by the site plan shall be reviewed by the planning commission and approved by the City Council.
4. Application Filing and Contents.
a. Application for a planned development permit or modification to a planned development
permit shall be filed with the community development department. All applications shall be accompanied by a filing fee in compliance with the City Council's fee resolution.
b. The community development director shall prescribe the form of the application and data and information to be filed with the application.
c. A development plan shall be required to accompany the application.
d. If development is to be carried out in stages, each stage shall be shown on a master plan
of development.
e. The development plan shall:
(1) Indicate the site location and planning of all structures and open spaces to show that the development will be compatible with the general plan and will aid in the
harmonious development of the immediate area;
(2) Include proposed structures with elevations which show appearance and materials of
exterior walls, fences or walls used for screening or separation, design of ingress and egress, landscaping, and off-street parking and loading facilities; and
(3) Include a development schedule indicating the latest date on which construction of the project is to begin and the anticipated date of completion.
f. The planning commission or City Council may also require other information that it considers necessary to properly evaluate the project.
5. Consideration in Review of Applications. The community development director, the site and architectural review committee, the planning commission, and the City Council shall consider
the following matters, in addition to others deemed necessary to determine if the project meets the criteria of this section, in their review of the application:
a. Considerations relating to site circulation, traffic congestion, and traffic safety:
(1) The effect of the site development plan on traffic conditions on abutting streets,
(2) The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exit driveways, and walkways,
(3) The arrangement and adequacy of off-street parking facilities to prevent traffic congestion,
(4) The location, arrangement, and dimensions of truck loading and unloading facilities,
(5) The circulation patterns within the boundaries of the development, and
(6) The surfacing and lighting of the off-street parking facilities;
b. Considerations relating to landscaping:
(1) The location, height, and material offences, walls, hedges, and screen plantings to ensure harmony with adjacent development or to conceal storage areas, utility
installations, and other unsightly aspects of the development,
(2) The planting of groundcover or other surfacing to prevent dust and erosion, and
(3) The preservation of existing healthy trees;
c. Considerations relating to structure and site lay-out:
(1) Consideration of the general silhouette and mass, including location on the site, elevations, and relation to natural plant coverage, all in relationship to the surrounding
neighborhood,
(2) Consideration of exterior design in relation to adjoining structures in terms of area,
bulk, height, openings, and breaks in the facade facing the street, and
(3) Consideration of the appropriateness and compatibility of the proposed uses in
relation to the adjacent uses and the area as a whole.
6. Approval Criteria. The review authority shall approve the application if it finds that all of the
following criteria have been established:
a. The proposed development or uses clearly would result in a more desirable environment
and use of land than would be possible under any other zoning district classification;
b. The proposed development would be compatible with the general plan and will aid in the
harmonious development of the immediate area;
c. The proposed development will not result in allowing more residential units than would be
allowed by other residential zoning districts which are consistent with the general plan designation of the property; and
d. The proposed development would not be detrimental to the health, safety or welfare of the neighborhood or of the city as a whole.
7. Additional Approval Criteria for Late Night Activities. Prior to approving an administrative planned development permit for any late-night activity, the reviewing authority shall first find all
the following conditions, in addition to those findings identified in subsection (G)(6) of this section, are satisfied.
a. Not Create a Nuisance. The establishment will not create a nuisance due to litter, noise, traffic, vandalism or other factors;
b. Not Disturb the Neighborhood. The establishment will not significantly disturb the peace and enjoyment of the nearby residential neighborhood; and
c. Proposed conditions of approval (if any), are sufficient to mitigate any detrimental impacts specified that may be caused by the late-night establishment.
8. Action by the Site and Architectural Review Committee. The site and architectural review committee shall review all development plans (except those approved by the administrative
planned development permit in compliance with subsection (G)(1) of this section) and shall make reports and recommendations on each application to the planning commission.
9. Action by the Planning Commission.
a. The planning commission shall hold a public hearing on a planned development permit
application. The hearing shall be noticed in compliance with Chapter 21.64, (Public Hearings).
b. Following close of the public hearing, the planning commission shall report its findings and recommendations to the City Council by resolution.
c. The planning commission may recommend approval of the proposed development if it finds that all of the following criteria set forth in subsection (G)(6) of this section have been
satisfied (with regard to the elements identified in subsection (G)(5) of this section).
d. In recommending approval, the planning commission may also recommend conditions of
approval as it deems reasonable and necessary under the circumstances to carry out the intent of this chapter and the general plan.
e. The planning commission may also recommend time limits within which the conditions of approval shall be fulfilled and the proposed development started and completed.
10. Action by the City Council.
a. Upon the receipt of the report of the planning commission, the city clerk shall set the matter
for public hearing before the City Council. The hearing shall be noticed in compliance with Chapter 21.64, (Public Hearings).
b. For projects that do not exceed the limitations specified in subsection (G)(9)(c) of this section, the City Council shall render its decision by resolution after conclusion of the
public hearing.
c. The City Council shall render its decision by ordinance after conclusion of the public
hearing for the following types of projects:
(1) The project is proposed for development on a site of more than two gross acres in
total area;
(2) The project consists of the construction of more than twenty thousand square feet of
gross floor area; or
(3) The project involves the construction of more than twenty residential units.
d. The City Council shall render its decision after conclusion of the public hearing. The City Council shall approve the proposed development if it finds that all of the criteria set forth in
subsection (G)(6) of this section have been satisfied with regard to the elements identified in subsection (G)(5) of this section.
e. In approving the application, the City Council may require conditions as it deems reasonable, necessary, and appropriate to secure the purposes of this Zoning Code and
the general plan, and may require guarantees and evidence that the conditions are being or will be complied with.
f. The City Council may impose time limits within which the conditions shall be fulfilled and the proposed development started and completed.
11. Notification of decision. The secretary of the planning commission shall give written notification of the decision of the community development director and/or the planning commission, and the
city clerk shall provide written notification of the City Council's decision to the applicant. In the case of approval, the notification shall include all conditions of approval.
12. Right of appeal. Any person aggrieved by the decision of the community development director and/or planning commission may appeal within ten days of the date of decision in compliance
with Chapter 21.62, (Appeals).
13. Expiration, extension and reinstatement.
a. Unless otherwise approved, within twenty-four months from the date approval is granted, a building permit shall be obtained or the approval shall be void.
b. The decision-making body may extend the expiration date or reinstate an expired approval in conformance with Chapter 12.56, (Permit Implementation, Time Limits and Extensions).
(Ord. 2109 § 1(part), 2008; Ord. 2108 § 1(part), 2008; Ord. 2093 § 1(part), 2007: Ord. 2070 § 1
(Exh. A)(part), 2006: Ord. 2043 § 1(part), 2004).
(Ord. No. 2129, § 1, 6-1-2010; Ord. No. 2196, § 9, 2-2-2016; Ord. No. 2199, § 11, 4-5-2016)